In Texas, DUI And DWI Mean Two Different Things
Austin, TX (Law Firm Newswire) October 14, 2013 – Drivers in Texas should understand there is a difference between a DUI charge and a DWI charge.
“Texas has the dubious distinction of having one of the highest rates of drunk driving in the nation. It is not something the state is proud of, and accordingly, the police have begun a drive to crack down on suspected drunk drivers ---- that is, drivers under the influence of alcohol or drugs,” stated Bobby Lee, a personal injury lawyer with the Austin firm of Lee, Gober & Reyna.
How are these drivers charged when stopped? Are they charged as DUI or DWI and what is the difference? The media makes a big issue out of DUI, but many do not realize that the law, in Texas, is more specifically aimed at minors under the age of 21. It is illegal for minors to drive if they have even a small amount of alcohol in their system. “If they are caught, they face a Class C misdemeanor and fairly strict penalties, like having their license suspended, hefty fines and community service,” Lee outlined. Police may also charge adults with a DUI.
If the police hand out a citation for DWI, it means the person in question was suspected of having alcohol and/or drugs in their system. According to the Texas Penal Code, this is considered to be a Class B misdemeanor and the offender lands in jail for 72-hours.
Herein lies a major difficulty when it comes to the police determining if someone is under the influence of something. Many of the usually accepted signs of a drunk individual are slurring, needing something to lean on, staggering and being slow to react to external stimuli or not able to answer questions coherently.
“These signs may also be indicative of a medical condition. This explains why a number of people may be falsely arrested for DUI or DWI. Defendants have rights and they need to know what they are. Speak to a DUI/DWI attorney who specializes in defending drivers in cases such as this,” suggested Lee, a plaintiff’s DWI/DUI attorney.
Lee, Gober & Reyna
11940 Jollyville Road #220-S
Austin, Texas 78759
- Texas the state with the worst drivers in the United States
According to the CarInsuranceComparison.com company, Texas — together with Louisiana — now ranks as the state with the nation’s worst drivers. CarInsuranceComparison.com, has been collecting driving information statistics for the past five years. This year is the first time for Texas to reach the No.1 place on the list. The yearly report is put together with information gathered by the National Highway Traffic Safety Administration (NHTSA). CarInsuranceComparison.com collects the material and compiles a score for each state based on the number of road deaths, DWI/DUI citations, careless driving, speeding and failures to obey traffic laws. Using those five categories, Texas […]
- Pickup driver runs red light, killing motorcyclist
A recent motorcycle accident in Austin saw a truck running a red light collide with a motorcyclist. The accident happened in the early afternoon, near Pecan Park Boulevard. The biker was 34-years-old and died at the scene. His passenger, a 20-year-old woman was taken to hospital with life threatening injuries. According to eyewitness testimony and the initial investigation into the accident by the police, the Chevrolet truck was headed east on the Boulevard and ran the red light on the 183 service road. The motorcyclist collided with the passenger’s side of the truck. None of the individuals involved in this […]
- Amarillo cracks down on texting while driving
Texas is one of only four states without a ban on texting while driving. Instead the individual counties and towns attempt to ban distracted driving by introducing their own legislation. Over the last few years, there have been numerous attempts to bring in legislation addressing one of the biggest problems nationwide — texting while driving. In 2015 there were 5,364 accidents in Texas caused by distracted driving. Of those 5,364 accidents, 70 were fatal. Making any kind of law to ban or restrict texting while driving has been met with opposition at the state level. The proposed Senate Bill 31, […]
- Corpus Christie police effectively coped with DWI offenders during the holiday season
Even though the Corpus Christie Police Department (CCPD) put extra manpower on duty for the holiday season, they are a police department that continually works to reduce the number of drunk driving accidents. This year they had the financial assistance of the Texas Department of Transportation (TXDOT) and received the Impaired Driving Mobilization (IDM) grant to have more officers on duty. Of course, DWI is not just a seasonal issue, but it is a daily problem. However, the highest rate of fatal DWI accidents tend to happen over the holidays. The years 2012 and 2013 saw between 1,203 and 1,036 […]
- CellSlip allows drivers to keep phones on while driving, but block incoming communications
Many smartphone-addicted individuals cannot or will not turn their phones off when they are driving, knowing it is not a safe. A new invention, however, might diminish texting while driving. The invention is called CellSlip and its simplicity makes it appealing. It is a bright red nylon slip-on sleeve reinforced with a conductive fabric that blocks radio frequencies. Thanks to the sleeve, the phone cannot ring with its various notifications of incoming texts, Facebook posts, Twitter tweets and phone calls. Once the slip sleeve is removed, all notifications pop on. Creator Mitch Bain, a software engineer, said that even though […]